We have previously written about press access to family courts and what it means for families.
As of 27th January 2025, new open reporting provisions have been implemented in all family courts across England and Wales. This significant change allows journalists and legal bloggers to report on what they see and hear while attending any family court, provided a transparency order is granted.
The introduction of these provisions follows the success of the Family Court Reporting Pilot, which began in January 2023 and was gradually expanded over the next two years. It began in Leeds, Carlisle and Cardiff before being expanded to 16 further court areas in January 2024. In December 2024, Parliament approved an amendment to the Family Procedure Rules to incorporate the reporting pilot.
The transparency order sets out what the reporters can report on and what must be kept confidential. Its aim is to protect the anonymity of children and the families involved in the court proceedings. Practice Direction 12R 5.2 FPR includes a template transparency order which sets out the following should not be reported on:
- the names of any children or family members involved;
- the places that the children live or go to;
- the dates of birth of any children; photographs of you or the children.
The transparency court can be tailored to suit the case, to ensure the anonymity of the family. It is designed to be in place until the child turns 18 years old, unless there is a legitimate reason for that information to be published.
The primary aim of the project is to establish a link between the court and local media to increase mutual awareness and understanding. Sir Andrew McFarlane, President of the Family Division, described the establishment of the open reporting provisions as a “watershed moment for family justice.”
During the pilot, it was found that the pilot courts were not overwhelmed with reporters. Editors were seemingly unwilling to commit to sending reporters to what can be lengthy cases with no guarantee of a story being produced at the end of it and where no-one can be identified. It looks unlikely that any court would be inundated with reporters unless there was a high-profile case.
All public law family cases issued after 27th January 2025 will have a code. The code is intended to help journalists decide which cases may be of interest by providing basic detail about the case issues and allegations, as well as whether journalists are invited to attend.
Although these changes mean that reporters are now allowed into Family Courts, the rules remain that family members who are party to the proceedings must not publish anything about the case. This is to make sure that the children cannot be identified. Even if there is press coverage of a case, none of the parties should publish about it – including posting on social media – and they must not copy or “like” any media coverage. If a party publishes about their case, they could be breaking the law.
The implementation of these open reporting provisions marks a new era of transparency in family courts, fostering greater understanding and accountability within the family justice system.
For more information on how we can assist with issues related to family law, please contact us on 0845 287 0939, by email, or through the online chat below.